Charleston, W. Va., Wednesday, January 14, 2009
Pursuant to section eighteen, article six of the Constitution
of the State of West Virginia, which prescribes that the
Legislature shall convene annually on the second Wednesday in
January, the Senate assembled in its chamber in the state capitol
in the City of Charleston, West Virginia, on this the fourteenth
day of January, two thousand nine, for the first annual session of
the seventy-ninth Legislature, and at 12 o'clock Noon was called to
order by the Clerk of the Senate, the Honorable Darrell E. Holmes.
Pending organization of the Senate by the election of a
President (under the provisions of section twenty-four, article six
of the Constitution), the Honorable H. Truman Chafin, a senator
from the sixth senatorial district, was called to the Chair to
preside in his capacity as one of the oldest members present in
point of continuous service.
Prayer was offered by the Reverend W. Murray Page, First
Presbyterian Church, Logan, West Virginia.
At the request of Senator Kessler, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the
Senate, relating to persons entitled to the privileges of the
floor, were suspended in order to permit the Senators to have
members of their families as guests during today's session.
The Honorable Betty Ireland, Secretary of State, appeared
at the bar of the Senate and presented the official returns of the
election held on the fourth day of November, two thousand eight,
for members of the Senate for the State of West Virginia.

CANDIDATES FOR STATE SENATOR

FOR THE STATE OF WEST VIRGINIA

APPEARING TO HAVE BEEN ELECTED

NOVEMBER 4, 2008

First Senatorial District: Jack Yost, of the County of Brooke;
Second Senatorial District: Jeffrey V. Kessler, of the County
of Marshall;
Third Senatorial District: Donna J. Boley, of the County of
Pleasants;
Fourth Senatorial District: Karen L. Facemyer, of the County
of Jackson;
Fifth Senatorial District: Robert H. Plymale, of the County of
Wayne;
Sixth Senatorial District: John Pat Fanning, of the County of
McDowell;
Seventh Senatorial District: Earl Ray Tomblin, of the County
of Logan;
Eighth Senatorial District: Corey Palumbo, of the County of
Kanawha;
Ninth Senatorial District: Richard Browning, of the County of
Wyoming;
Tenth Senatorial District: Donald T. Caruth, of the County of
Mercer;
Eleventh Senatorial District: William R. Laird IV, of the
County of Fayette;
Twelfth Senatorial District: Douglas E. Facemire, of the
County of Braxton;
Thirteenth Senatorial District: Roman W. Prezioso, Jr., of the
County of Marion;
Fourteenth Senatorial District: Bob Williams, of the County of
Taylor;
Fifteenth Senatorial District: Clark S. Barnes, of the County
of Randolph;
Sixteenth Senatorial District: Herb Snyder, of the County of
Jefferson;
Seventeenth Senatorial District: Dan Foster, of the County of
Kanawha.
From the foregoing official returns of the election of members of the Senate, it appears that the persons therein named were
elected to the Senate at the election held on the Tuesday next
after the first Monday in November, two thousand eight.
Whereupon,
On the call of the roll of the Senate, the following members
and members-elect answered to their names:
Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem,
Facemire, Facemyer, Fanning, Foster, Green, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Tomblin, White, Williams and
Yost.
Twenty-nine present and prospective members having answered to
their names, the Chair declared the presence of a quorum.
On motion of Senator Kessler, the Senate recessed for five
minutes for the purpose of making introductions.
Upon expiration of the recess, the Senate reconvened.
The following members-elect came forward to the Clerk's desk
and qualified by taking and subscribing to the several oaths of
office prescribed by the Constitution, which oaths were
administered by the Honorable Robin Jean Davis, Justice of the
Supreme Court of Appeals of West Virginia: Jack Yost, of the
County of Brooke; Jeffrey V. Kessler, of the County of Marshall;
Donna J. Boley, of the County of Pleasants; Karen L. Facemyer, of the County of Jackson; Robert H. Plymale, of the County of Wayne;
John Pat Fanning, of the County of McDowell; Earl Ray Tomblin, of
the County of Logan; Corey Palumbo, of the County of Kanawha;
Richard Browning, of the County of Wyoming; Donald T. Caruth, of
the County of Mercer; William R. Laird IV, of the County of
Fayette; Douglas E. Facemire, of the County of Braxton; Roman W.
Prezioso, Jr., of the County of Marion; Bob Williams, of the County
of Taylor; Clark S. Barnes, of the County of Randolph; Herb Snyder,
of the County of Jefferson; and Dan Foster, of the County of
Kanawha. All the members-elect having qualified, the Senate then
proceeded to its biennial organization.
The first order of business in the organization of the Senate
being the election of a President,
For that office, Senator Kessler nominated the Honorable Earl
Ray Tomblin, of the County of Logan; seconded by Senator Minard.
On motion of Senator Caruth, Senator Tomblin was reelected
President of the Senate by acclamation.
Whereupon, the Chair appointed Senators Kessler, Stollings and
Caruth a committee to escort the President-elect to the Chair.
A standing ovation was then accorded the President-elect, as
he proceeded to the rostrum accompanied by the foregoing select
committee.
Whereupon, Senator Tomblin qualified as President, by taking
the several oaths of office prescribed by law and administered by
the Honorable Robin Jean Davis, Justice of the Supreme Court of
Appeals of West Virginia.
Senator Tomblin (Mr. President) assumed the Chair and
addressed the Senate as follows: SENATOR TOMBLIN: Members of the Seventy-Ninth West Virginia
State Senate, friends and visitors, it's with a great sense of our
past common accomplishments and the very strong challenges of the
coming months that I am once again honored to be selected to lead
this body of distinguished West Virginia public servants as Senate
President.
I do not take this oath lightly, though I have been privileged
to have been bound by it several times before. And while the
issues we face can sometimes seem to be overwhelming, I've never
entered the Office of Senate President without a great sense of
optimism and determination that we can be successful for the people
of West Virginia. As I am certain it is for you, my commitment is
for the common good, working through the democratic process to move
our state forward.
Not only do I congratulate those of you who are newly elected
to this body, welcoming back those from the previous state Senate,
but I welcome all to this chamber who bear the responsibility of
taking part in enacting public policy for all our citizens. It's for those alive today and those generations yet to take their
places that we meet here every year.
While you have so graciously chosen me to lead, we,
nonetheless, have a mutual contract to get the people's work done,
to work as a cohesive unit with the full understanding that their
needs come first--that our full and undivided service is reward
enough for what we will do together in the next session of the
Legislature.
In many ways the legislative challenges we face are going to
be much like the ones we have faced in the past sessions:
Balancing the state's checkbook, making certain we can pay for the
demands for goods and services necessary for the operation of our
social and fiscal infrastructure and keeping the lid on any new
revenue measures.
In the critical arena of the economy, economic development and
through a variety of reforms, we have enjoyed great success. Our
past work has made a tremendous difference, but, as we enter 2009,
we face new economic challenges not witnessed in the history of my
generation. For the moment, West Virginia is in the enviable
position of not having to have suffered as much as some of the
other regions of the nation as a result of the financial and
economic crisis which came last year. Many feel that maybe the
worst is yet to come. We hope that doesn't happen, but if it
threatens, we plan to be ready for any eventuality.
As a result of constraint and tried and tested financial
management led by the Legislature and with the willing help of the
Executive Branch, our fiscal house has not been as damaged as some
others. Had we taken some other directions, had we not tightened
our belts or failed to bring accountability to state spending and
had the discipline to pay down our debt, our financial status might
be much different in comparison to the other states. During any
other financial season, this could prove to be enough for us to be
able to break out of our cycle of having to devote hundreds of
millions of dollars annually to debt while allowing just pennies
for infrastructure development and educational quality, and for
salaries, pensions and benefits which are in great need of
improvement.
Because of the dark shadows on the horizon for the next few
years, we will have to be even more diligent in how we raise our
revenues and how we spend them in order to continue to be the
state's first line of economic defense. That means that we have to
double our efforts at making certain that every dollar counts twice
as much because those dollars are going to be twice as hard to
obtain for the taxpayers who bear the ultimate responsibility for
paying for everything that we do here.
We did not go through this past year without suffering some
serious pain with state investments. Money was lost--hundreds of
millions of dollars--in some of our programs, money which can be regained, but it's going to take a rigorous respect for the system
of checks and balances to ensure that we will overcome those losses
and will still move forward with our state.
Some of our states and commonwealths have fallen upon uncommon
and much harsher times than have we. We must--and I believe we
can--avoid those same crises which they now face. We will have to
accomplish it in a time of political change in the nation's
capital. We face the very real possibility that our state's
economic interests may be pitted against the interests of other
groups and other voices. These voices are not so traditionally
tilted in favor of what substantially helps make West Virginia the
unique culture and economy it is today.
The state that was once called a "dying state" by a national
magazine in the 1950s, West Virginia has proven that given the
opportunity to use its resources, without interference, it can take
care of itself. We have shown we not only can be self-reliant but
become a leader and model for other states facing similar
challenges if we are left to care for our own house.
We have learned from this current economic storm that we're
not, as once was thought, at the will of the tossing tide. We have
learned that given the opportunity and with the right kind of
leadership our ship of state can weather the waves of high and low
economic conditions with the best of them.
As I noted earlier, however, to be able to continue to stay a step ahead of the conditions, which may get worse before they get
better nationally, will require collective prudence, especially
from the spending side of the ledger. We may all have to be
willing to make sacrifices so that the ship, though battered,
remains strong and ready to face the next gale. And, as has been
the case nationally, so must West Virginia consider where and when
it can seize upon the opportunities to reduce the financial load
placed on the backs of taxpayers.
The strongest economies are those which create real wealth
which generates its own base of tax support, relieving breadwinners
so they can do what they do best as consumers--and that is spend.
The best stimulus package any economy can have is for those
consumers to have good paying jobs which translate into an increase
in job production. The more jobs we have, the more we can rely on
personal spending and investment as the hedge against these
financially troubling times. The best way to protect that
environment is for a fair economic climate to be guaranteed by a
government which does not take sides but sides in doing what's best
for a free market to thrive.
As I've said, and I believe, in particular, the Senate is the
first line of economic defense in protecting workers' ability to
work and make wages and in protecting businesses so they can make
a profit and create the best jobs. From that will come a climate
which stimulates both to invest in their own future. Government cannot and should not dictate who the winners and losers are or
will be but should lay the groundwork so that each can have a shot
at becoming a winner. It's the American way, and it's the West
Virginia way.
So as we get ready to plough through the bills, rules,
resolutions and other matters brought to us by our electorate and
from the Governor and his proposals for the coming year, we move
with confidence, as well as with caution. We will move not with
fear or hand wringing but with our sleeves rolled up, a willingness
to lead with hard work and prepared to make the hard decisions. We
do this knowing that riding on what we do in the sixty days
upcoming should earn us the respect of those we represent. With
that comes the blessings of generations to come who may look upon
this Legislature and its work with appreciation for what we have
all come together to do and that is to give to each other our best
efforts in both word and deeds in an effort which matches the
nobility of a special type of American--the Mountaineers of West
Virginia.
Thank you all very much for your confidence.

__________

At the request of Senator Chafin, and by unanimous consent,
the foregoing acceptance remarks by Senator Tomblin (Mr. President)
were ordered extended in the Journal.
The next order of business being the election of a Clerk,
For that office, Senator Helmick nominated the Honorable
Darrell E. Holmes, of the County of Kanawha; seconded by Senator
McCabe.
On motions of Senator Caruth, severally made, nominations were
closed and the President was authorized to cast the unanimous vote
of the Senate for the election of Mr. Holmes.
The President then announced the vote and declared that Mr.
Holmes, having received all the votes cast, had been unanimously
reelected Clerk of the Senate.
Whereupon, Mr. Holmes qualified as Clerk, by taking the
several oaths of office prescribed by law and administered by the
Honorable Robin Jean Davis, Justice of the Supreme Court of Appeals
of West Virginia.
The next order of business being the election of a Sergeant at
Arms,
For that office, Senator Bowman nominated the Honorable Howard
L. Wellman, of the County of Mercer; seconded by Senator Fanning.
On motions of Senator Caruth, severally made, nominations were
closed and the President was authorized to cast the unanimous vote
of the Senate for the election of Mr. Wellman.
The President then announced the vote and declared that Mr.
Wellman, having received all the votes cast, had been unanimously
reelected Sergeant at Arms of the Senate.
Whereupon, Mr. Wellman qualified as Sergeant at Arms, by
taking the several oaths of office prescribed by law and
administered by the Honorable Robin Jean Davis, Justice of the
Supreme Court of Appeals of West Virginia.
The last order of business in the biennial organization of the
Senate being the election of a Doorkeeper,
For that office, Senator McCabe nominated the Honorable Billy
L. Bevino, of the County of Logan; seconded by Senator Foster.
On motions of Senator Caruth, severally made, nominations were
closed and the President was authorized to cast the unanimous vote
of the Senate for the election of Mr. Bevino.
The President then announced the vote and declared that Mr.
Bevino, having received all the votes cast, had been unanimously
elected Doorkeeper of the Senate.
Whereupon, Mr. Bevino qualified as Doorkeeper, by taking the
several oaths of office prescribed by law and administered by the
Honorable Robin Jean Davis, Justice of the Supreme Court of Appeals
of West Virginia.
With the completion of organization of the Senate, by the
election of officers for the seventy-ninth Legislature,
The first organizing resolution was then offered, Senator
Chafin submitting the following:Senate Resolution No. 1--Raising a committee to notify the House of Delegates the Senate has assembled and completed its
organization.Resolved by the Senate:
That a committee of three be appointed by the President to
inform the House of Delegates that the Senate has assembled, with
a quorum present, organized by the reelection of the Honorable Earl
Ray Tomblin as President and Mr. Darrell E. Holmes as Clerk, and is
ready to proceed with the business of this regular session.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee, the following:
Senators Browning, Palumbo and Facemyer.
Subsequently, Senator Browning reported that the committee had
performed the duty assigned to it.
The first message this session from the House of Delegates, by
Delegates Iaquinta, Shook and Schadler, announced that the
House of Delegates has assembled, with a quorum present, organized
by the reelection of the Honorable Richard Thompson as Speaker, and
Mr. Gregory M. Gray as Clerk, and is ready to proceed with the
business of this first regular session of the seventy-ninth
Legislature.
Senator Chafin then offered the following resolution:Senate Resolution No. 2--Raising a committee to inform the
Governor that the Legislature is organized.Resolved by the Senate:
That a committee of three on the part of the Senate, to join
with a committee on the part of the House of Delegates, be
appointed by the President to notify His Excellency, the Governor,
that the Legislature has assembled in regular session and organized
by the election of officers as required by the Constitution and is
ready, with a quorum of each house present, to proceed with the
business of this session and to receive any communication or
message he may desire to present.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Whereupon, the President appointed as members of such
committee, the following:
Senators Fanning, Minard and Boley.
A message from the House of Delegates, by
Delegates Moore, D. Poling and Evans, announced that the
Speaker had appointed them a committee of three to join with the
similar committee on the part of the Senate under the provisions of
Senate Resolution No. 2 to wait upon the Governor. Senate and House members of this select committee then proceeded to the
executive offices.
Subsequently, Senator Fanning reported that the joint Senate
and House committee had performed the duty assigned to it.
Senator Chafin then offered the following resolution:Senate Resolution No. 3--Adopting rules of the Senate. Resolved by the Senate:
That the rules of the Senate in effect at the expiration of
the seventy-eighth Legislature are hereby adopted and shall govern
the proceedings of the regular sessions of the seventy-ninth
Legislature and any extraordinary sessions insofar as applicable,
subject to amendment as provided by Rule 60.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senator Helmick offered the following resolution:Senate Resolution No. 4--Relating to the mailing of bills and
journals.Resolved by the Senate:
That during the regular and any extraordinary session of the
seventy-ninth Legislature the Clerk of the Senate is hereby
authorized to have mailed from the Senate document room copies of
bills and daily journals of the Senate to addresses furnished by members of the Senate, twenty of which such addresses may be
submitted by each; the expenses of such mailing, including postage,
to be paid out of the contingent fund of the Senate by the Auditor
of West Virginia, in advance of the appropriation therefor, under
requisition drawn by the Clerk of the Senate.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senator Helmick offered the following resolution:Senate Resolution No. 5--Authorizing the appointment of
employees for the Senate for the two thousand nine regular
sixty-day session of the seventy-ninth Legislature, commencing
Wednesday, February 11, 2009, and payment of their compensation. Resolved by the Senate:
That the Clerk of the Senate, with the approval of the
President of the Senate, or the President of the Senate is hereby
authorized to appoint employees to receive the per diem
compensation, as herein provided, during this regular sixty-day
session of the seventy-ninth Legislature, and any extension thereof
as follows:
Twenty-six Class I secretaries at a rate of sixty-five dollars
to eighty-three dollars per diem;
Ten Class II secretaries at a rate of sixty-seven dollars to eighty-three dollars per diem;
Nine Class III secretaries at a rate of sixty-nine dollars to
seventy-five dollars per diem;
Six Class IV secretaries at a rate of seventy-one dollars to
seventy-eight dollars per diem;
Seven legislative analysts at a rate of sixty dollars to
eighty-three dollars per diem;
Twelve legal counselors at a rate of one hundred eighty
dollars to two hundred twenty-five dollars per diem; assignments
and salary to be determined by the President of the Senate;
Two bill and journal clerks to the Senate Clerk at a rate of
sixty-five dollars per diem;
Six proofreaders at a rate of sixty dollars to sixty-six
dollars per diem;
One journal room supervisor at a rate of one hundred six
dollars per diem;
One assistant journal room supervisor at a rate of eighty
dollars per diem;
Nine journal and bill room clerks at a rate of sixty dollars
to seventy-three dollars per diem;
One Sergeant at Arms at a rate not to exceed one hundred
fifty-four dollars per diem;
One chief assistant Sergeant at Arms at a rate of seventy-four dollars per diem;
Six assistants to the Sergeant at Arms at a rate of fifty-five
dollars to seventy-two dollars per diem;
One Doorkeeper at a rate of one hundred twelve dollars per
diem;
One chief assistant Doorkeeper at a rate of sixty-six dollars
per diem;
Eight assistants to the Doorkeeper at a rate of fifty-five
dollars to sixty-eight dollars per diem;
One information clerk at a rate of seventy-five dollars per
diem (thirty-seven dollars and fifty cents per diem paid by House
of Delegates);
Seven messengers at a rate of fifty-five dollars to sixty-five
dollars per diem;
One head page at a rate of sixty-four dollars per diem;
One assistant head page at a rate of sixty dollars per diem;
One recording system operator at a rate of eighty-two dollars
per diem;
One duplicating machine operator at a rate of sixty-three
dollars per diem;
One parking coordinator at a rate of ninety-six dollars per
diem (forty-eight dollars per diem paid by House of Delegates); The Clerk of the Senate, with the approval of the President of the Senate, or the President of the Senate shall have authority to
employ such per diem staff personnel during any session of the
Legislature as shall be needed in addition to staff personnel
authorized by this Senate resolution adopted during any such
session. The Clerk of the Senate, with the approval of the
President of the Senate, or the President of the Senate shall have
authority to employ such staff personnel between sessions of the
Legislature as shall be needed, the compensation of all staff
personnel during and between sessions of the Legislature,
notwithstanding any such Senate resolution, to be fixed by the
President of the Senate. In all such cases, the Clerk of the
Senate, with the approval of the President of the Senate, or the
President of the Senate shall have authority to supervise and
dismiss such staff personnel; and, be itFurther Resolved, That the appointment of salaried full-time
employees of the Senate for the year two thousand nine and their
compensation, at the following amounts per month, for such periods
of time as they are employed in the positions designated, is hereby
authorized, as follows:
Clerk $7,729.17
Assistant Clerk 4,854.17
Executive Secretary to Clerk 3,041.67
Fiscal Officer 4,125.00
Assistant Fiscal Officer 3,208.34
Administrative Secretary 2,958.34
Technical Support 2,541.67
Administrative Assistant to President 5,645.84
Administrative Assistant to President 3,625.00
Executive Secretary to President 2,895.84
Secretary to Majority Leader 2,083.34
Secretary to Minority Leader 2,270.84
Deputy Clerk 4,854.17
Legislative Assistant III 3,645.84
Legislative Assistant II 3,208.34
Legislative Assistant II 2,895.84
Legislative Assistant I 2,291.67
Legislative Assistant I 2,291.67
Attorney 7,041.67
Attorney 6,833.34
Attorney 6,083.34
Attorney 5,833.34
Attorney 5,770.84
Attorney 5,458.34
Budget Analyst to Finance Committee 4,250.00
Legislative Analyst 3,041.67
Legislative Analyst 2,937.50
Legislative Analyst 2,541.67
Legislative Analyst 2,500.00
Secretary to Finance Committee Chairman 3,000.00
Secretary to Government Organization Committee 2,520.84
Secretary to Health and Human Resources Committee 2,500.00
Administrative Assistant/Staff Secretary
to Judiciary Committee 2,750.00
Secretary to Judiciary Committee 2,520.84
Committee Support 2,583.34
Supervisor, Materials & Supplies 3,645.84
Communications Clerk 3,000.00
Mail/Supply Clerk 2,770.84
Chief Custodian 3,104.17
Custodian 2,000.00
Custodian 1,541.67 The Clerk of the Senate, with the approval of the President of
the Senate, or the President of the Senate shall have authority to
employ such full-time staff personnel during any session of the
Legislature as shall be needed in addition to staff personnel
authorized by this Senate resolution adopted during any such
session. The Clerk of the Senate, with the approval of the
President of the Senate, or the President of the Senate shall have
authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff
personnel during and between sessions of the Legislature,
notwithstanding any such Senate resolution, to be fixed by the
President of the Senate.In all such cases, the Clerk of the
Senate, with the approval of the President of the Senate, or the
President of the Senate shall have authority to supervise and
dismiss such staff personnel.
At the request of Senator Chafin, unanimous consent being
granted, the resolution (S. R. No. 5) was taken up for immediate
consideration, reference to a committee dispensed with, and
adopted.
Senators Tomblin (Mr. President), Chafin and Caruth offered
the following resolution:Senate Concurrent Resolution No. 1--Adopting joint rules of
the Senate and House of Delegates.Resolved by the Legislature of West Virginia:
That the Joint Rules of the Senate and House of Delegates
governing the seventy-eighth Legislature are hereby adopted to
govern the proceedings of the seventy-ninth Legislature, subject to
subsequent amendment.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senators Tomblin (Mr. President), Helmick and Caruth offered
the following resolution:Senate Concurrent Resolution No. 2--Relating to the payment of
bills for supplies, services and printing and authorized contingent
and other expenses of the seventy-ninth Legislature.Resolved by the Legislature of West Virginia:
That for the regular and any extraordinary session of the
seventy-ninth Legislature, the Auditor of West Virginia, in advance
of the appropriation for such purposes, is hereby authorized, upon
proper requisition of the Clerk of the Senate and the Clerk of the
House of Delegates, to pay bills for supplies and for services
furnished to the Legislature preparatory to the beginning of,
during and following the adjournment of sessions, including
contingent expenses of the respective houses; the per diem of
officers, other than the President of the Senate and the Speaker of
the House of Delegates, and employees of the Senate and of the
House of Delegates; travel expenses of members as authorized by
law; bills for legislative printing as the accounts for same become
due; and any other authorized contingent and other expenses of the Legislature or the respective houses.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration
and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
On motion of Senator Chafin, the Senate recessed until 1:30
p.m. today.
Upon expiration of the recess, the Senate reconvened and
proceeded to the third order of business. A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption ofHouse Concurrent Resolution No. 1--Raising a Joint Assembly to
open and publish election returns.Resolved by the Legislature of West Virginia:
That the two houses of the Legislature convene in Joint
Assembly in the Hall of the House of Delegates at 2:15 o'clock
postmeridian, this day, that the Speaker of the House of Delegates
may, in the presence of the Senate, open and publish the returns of
the election held throughout the State on the 4th day of November, 2008, as provided by Sec. 3, Article VII of the Constitution. At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate. A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption ofHouse Concurrent Resolution No. 2--Providing for an
adjournment of the Legislature until February 11, 2009.
Whereas, The first regular session of the 79th Legislature
assembled on this date, the second Wednesday in January, 2009,
organized by the election of officers of the two houses, and the
two houses in joint assembly opened and published the returns of
the election of state officers held on the 4th day of November,
2008, all as prescribed by Section 18, Article VI of the
Constitution of the State; and the two houses adopted rules to
govern their proceedings and separately and concurrently acted on
certain other matters incident to organization; therefore, be itResolved by the Legislature of West Virginia:
That having complied with the provisions of said section of
the Constitution, when adjournment is taken by the two houses this
day, such adjournment shall be until February 11, 2009, at 12
o'clock meridian. At the request of Senator Chafin, and by unanimous consent,
the message was taken up for immediate consideration and reference
of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same
was put and prevailed.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The hour of 2:15 p.m. having arrived, that being the time set
for the joint assembly to open and publish state election returns
(under the provisions of H. C. R. No. 1, previously adopted by the
Senate),
On motion of Senator Chafin, the Senate recessed until five
minutes after adjournment of the joint assembly. Members of the
Senate then repaired in a body to the hall of the House of
Delegates.

***

(NOTE: For formal procedure in the joint assembly, see the
Journal of the House of Delegates for this day.)

__________

The joint assembly having been dissolved, the Senate returned
to its chamber and resumed its regular session.
A message from the Clerk of the House of Delegates announced
the concurrence by that body in the adoption ofSenate Concurrent Resolution No. 1, Adopting joint rules of
Senate and House of Delegates.
A message from the Clerk of the House of Delegates announced
the concurrence by that body in the adoption ofSenate Concurrent Resolution No. 2, Relating to payment of
supplies, services, printing and other expenses.
At the request of Senator McCabe, and by unanimous consent,
Senator McCabe addressed the Senate regarding the absence of
Senator Wells, a senator from the eighth district, due to naval
reserve obligations.
Thereafter, at the request of Senator Foster, unanimous
consent being granted, the remarks by Senator McCabe were ordered
printed in the Appendix to the Journal.
On motion of Senator Chafin, and in accordance with House
Concurrent Resolution No. 2, previously adopted, the Senate
adjourned until Wednesday, February 11, 2009, at 12 o'clock Noon.